Terms of Service

Terms and conditions of use

Last Updated: December 2024

Welcome to Nestling. By downloading, accessing, or using our app, you agree to these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By using Nestling, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use the app.

2. Description of Service

Nestling is a mobile application designed to help parents and caregivers track their baby's sleep patterns, feeding schedules, and related activities. The service includes:

Free Plan

  • Sleep tracking with timer and manual entry
  • Feed and nappy change logging
  • Visualizations and insights (daily, weekly, monthly views)
  • Sleep diary for notes and observations
  • Data export functionality
  • iCloud sync (optional)
  • Autumn theme

Plus Plan ($4.99/month)

Includes everything in Free, plus:

  • AI Sleep Coach with personalized, evidence-based advice
  • Chat interface to ask questions about sleep patterns
  • Premium themes (Lux White, Dark, Baby Blue, Baby Pink)
  • Priority support

3. Account and Subscription

Free Plan

The Free plan is available to all users at no cost. You may use the Free plan indefinitely.

Plus Plan Subscription

  • Subscriptions are billed monthly at $4.99 USD (or equivalent in your local currency)
  • Payment is charged to your Apple ID account at confirmation of purchase
  • Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • You can manage and cancel subscriptions in your App Store account settings
  • No refunds are provided for unused portions of a subscription period

Sign In with Apple (Optional)

You may optionally sign in with your Apple ID to sync data across devices and access the AI Sleep Coach. Account creation is not required to use the Free plan features.

4. Acceptable Use

You agree to use Nestling only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the app in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to the app or related systems
  • Interfere with or disrupt the app or servers
  • Use the app to transmit malicious code or malware
  • Attempt to reverse engineer or decompile the app
  • Use the app to harm minors in any way
  • Share your account credentials with others

5. Medical Disclaimer

IMPORTANT: Nestling is not a medical device and does not provide medical advice.

  • The app and AI Sleep Coach provide general information and guidance only
  • Nothing in the app constitutes medical advice, diagnosis, or treatment
  • Always consult a qualified healthcare provider for medical concerns about your baby
  • Do not disregard professional medical advice or delay seeking it because of something you read in Nestling
  • If you think your baby may have a medical emergency, call your doctor or emergency services immediately
  • The AI Sleep Coach uses general information and may not be suitable for all babies or situations

6. Intellectual Property

Nestling and its original content, features, and functionality are owned by Nestling and are protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the app for personal, non-commercial purposes.

7. User Data

You retain all rights to the data you enter into Nestling (sleep logs, notes, etc.). By using the app:

  • You grant us permission to store and process your data as described in our Privacy Policy
  • You can export or delete your data at any time through the app settings
  • When using AI Sleep Coach, you grant us permission to process your data to generate personalized advice

For more information, see our Privacy Policy.

8. Third-Party Services

Nestling uses third-party services including:

  • Apple iCloud for data synchronization
  • Firebase for authentication and analytics
  • OpenAI for AI Sleep Coach features

Your use of these services is subject to their respective terms and privacy policies.

9. Disclaimer of Warranties

NESTLING IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the app will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of content or advice

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NESTLING SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or other intangible losses
  • Any damages resulting from your use or inability to use the app
  • Any damages resulting from reliance on information provided by the app or AI Sleep Coach

Our total liability to you for all claims shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

11. Termination

We reserve the right to suspend or terminate your access to Nestling at any time, without notice, for:

  • Violation of these Terms of Service
  • Fraudulent or illegal activity
  • Extended periods of inactivity
  • Any other reason at our discretion

You may terminate your account at any time by deleting the app and your account through the settings.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms in the app
  • Updating the "Last Updated" date
  • Providing in-app notification for significant changes

Your continued use after changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of your jurisdiction, without regard to conflict of law provisions.

14. Dispute Resolution

Any disputes arising from these Terms or your use of Nestling shall be resolved through:

  1. Good faith negotiation between the parties
  2. If negotiation fails, binding arbitration in accordance with local arbitration rules

15. Contact Information

If you have questions about these Terms of Service, please contact us:

Email: support@nestling.app

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Agreement

By using Nestling, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.